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Step-Saver Data Systems v. Wyse (1991): Difference between revisions
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|case_treatment=Yes | |case_treatment=Yes | ||
|related=Step-Saver Data Systems, Inc. v. WYSE Technology II | |related=Step-Saver Data Systems, Inc. v. WYSE Technology II | ||
|facts=The plaintiff was the seller of a hardware/software bundle and had entered into a contract with the defendant to purchase software for the in its package. After receiving complaints from its customers, | |facts=Step-Saver Data Systems, Inc. ("Step-Saver") sold computer management system that bundled | ||
(an IBM computer) + (remote terminals by Wyse Technology) + (software called "Multi-link advaced by TSL) | |||
The Software Link, Inc. (TSL) is now a defunct software company. | |||
Wyse was acquired by [https://www.dell.com/en-us Dell] in 2012. | |||
Step-Saver (plaintiff) was the seller of a hardware/software bundle and had entered into a contract with the defendant ("Wyse") to purchase software for the in its package. | |||
After receiving complaints from its customers, Step-Saver tried to resolve the problems by contacting Wyse and requesting technical assistance. The problems were never solved. | |||
|procedural_history=Step-Saver filed a suit against the defendant for breach of warranty. The defendant claimed that a box-top warranty applied to the plaintiff’s purchase which effectively disclaimed the defendant from any damages. Plaintiff argues that he never agreed to the box-top license, and that the contract was formed on the phone when ordering the software. Note that the defendant had tried to get the plaintiff to expressly agree to the license terms, which were ignored twice. | |||
The district court held that the parties intended to adopt the box-top license as the complete and final expression of terms of their agreement. | |||
|issues=Whether additional terms are valid when after the formation of a contract, these additional terms are offered and stated that they are to be accepted upon further fulfillment of the contract | |issues=Whether additional terms are valid when after the formation of a contract, these additional terms are offered and stated that they are to be accepted upon further fulfillment of the contract | ||
|holding=Holding reversed and remanded for further consideration of Step-Saver’s express and implied warranty claims against TSL. | |holding=Holding reversed and remanded for further consideration of Step-Saver’s express and implied warranty claims against TSL. |
Revision as of 13:12, June 24, 2023
Step-Saver Data Systems v. Wyse (1991) | |
Court | 3rd Circuit |
---|---|
Citation | 939 F.2d 91 (1991) |
Date decided | July 29, 1991 |
Related | Step-Saver Data Systems, Inc. v. WYSE Technology II |
Facts
Step-Saver Data Systems, Inc. ("Step-Saver") sold computer management system that bundled
(an IBM computer) + (remote terminals by Wyse Technology) + (software called "Multi-link advaced by TSL)
The Software Link, Inc. (TSL) is now a defunct software company.
Wyse was acquired by Dell in 2012.
Step-Saver (plaintiff) was the seller of a hardware/software bundle and had entered into a contract with the defendant ("Wyse") to purchase software for the in its package.
Procedural History
Step-Saver filed a suit against the defendant for breach of warranty. The defendant claimed that a box-top warranty applied to the plaintiff’s purchase which effectively disclaimed the defendant from any damages. Plaintiff argues that he never agreed to the box-top license, and that the contract was formed on the phone when ordering the software. Note that the defendant had tried to get the plaintiff to expressly agree to the license terms, which were ignored twice.
The district court held that the parties intended to adopt the box-top license as the complete and final expression of terms of their agreement.